HomeMy WebLinkAbout05 - BUILDINGS & BUILDING REGULATIONS
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Chapter 5
BUILDINGS AND BUILDING REGULATlONS*
Article I. In General
Sec. 5-1. Purpose.
Sec. 5-2. Definitions.
Sec. 5-3. Scope.
See. 5-4. Resolution of conflicta.
See. 5-5. Enforcement and remedies.
Sees. 5-6-5-20. Reserved.
Article ll. Administration and Enforcement
Division 1. Generally
Records.
Inspections-Authority of chief building official; investigations
and surveys.
Sec. 5-23. Same-Regular program.
Sec. 5-24. Right of entry.
See. 5-25. Building code advisory board.
Sees. 5-26-5-32. Reserved.
Sec. 5-21.
Sec. 5-22.
Sec. 5-33.
Sec. 5-34.
See. 5-35.
See. 5-36.
Sec. 5-37.
Sec. 5-38.
Sec. 5-39.
Division 2. Building Permit
Required; public utility exception.
Authorized applicants.
Application to be filed and signed.
Validity.
Expiration and cancellation.
Revocation and suspension-Generally.
Same-Notice.
*Editor's Dote-Ord. No. 1996-103~C~T adopted July 29, 1996, amended Ch. 5 as hereinabove set out. Prior to the enactment
of this ordinance, Ch. 5 contained similar provisions and was derived from the following:
Code 1977 Code 1977
5-1--5-9 5-73-5-100
5-25, 5-26 6-1--5-3
5-29-5-70 17-1,17-2
Ord. No. See, Date Ord_ No. Sec. Date
1992-911
1992-912
1992-913
1993-919
1994-951
1994-955
1994-964
1994-984
1996-1026
1,2
1
1--5
2
1, 2
I
1,2
1
1
1-11-93
1-11-93
1-11-93
2- 8-93
2-14-94
2-28-94
5- 9-94
12-12-94
5-13-96
1989-800 1 7-10-89
1990-830 1,2 6-11-90
1990-831 1 6-11-90
"1990-832 1, 2 7- 9-90
1990-833 1,2 7- 9-90
1990-834 1 7- 9-90
1990-838 1---3 7-23-90
1992-907 2-4 12- 2-92
1992-909 1,2 1-11-93
1992-910 I, 2 1-11-93
Cross reference-Zoning and development, Ch. 26.
State law references-Home rule powers, Col. Canst. Art. XX, ~ 6; general authority to adopt building regulations, C.R.S. ~
31-15-601.
Supp. No. 22
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WHEAT RIDGE CITY CODE
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See. 5-40. Stopping issuance under certa.in conditions.
See. 5-41. Fees.
Sec. 5-42. House moving penuits.
See. 5-43. Drawings and specifications.
Sec. 5-44. Compliance with subdivision regulations.
See. 5-45. Public improvements required.
Sees. 5-46-5-55. Reserved.
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Division 3. ElectricallnspectioDS
Generally.
Certificate of test; retest and suspension of certificate.
'lYPe required.
Record card.
Approval of work beyond inspection point and foundation work to
be covered.
Sec. 5-61. Exposure of work.
Sees. 5-62-5-75. Reserved.
See. 5-56.
See, 5-57.
Sec. 5-56.
Sec. 5-59.
Sec. 5-60.
Article IlL 'lechnical Codes
See. 5-76. Building code.
Sec. 5-77. National Electrical Code.
See. 5-78. Mechanics! code.
Sec. 5-79. Plumbing code.
See. 5-80. Uniform Code for the Abatement of Dangerous Buildings.
Sec. 5-81. Unifonn Housing Code.
Sees. 5-82-5-100. Reserved.
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Article IV;. Contractors
Division 1. Generally
Sec. 5-101. Definition.
See. 5-102. Application of article.
Sec. 5-103. Responsibility of licensees.
Sees. 5-104-5-114. Reserved.
Division 2. License
See. 5-115.
Sec. 5-116.
Sec. 5-117.
Sec. 5-118.
Sec. 5-119.
Required.
Exception.
Classification.
Application forms, fees and procedure.
BuildinKinspection division to detennine qualifications of appli-
cant.
Examining procedures for issuance.
Fees.
Nontransferable.
Validity.
Suspension or revocation.
Bond and insurance required.
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Sec. 5-120.
Sec. 5-121.
Sec. 5-122.
Sec. 5-123.
See. 5-124.
Sec. 5-125.
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BUILDINGS AND BUILDING REGULATIONS
~ 5-2
ARTICLE I. IN GENERAL
Sec. 5-1. Purpose.
The purpose of this chapter is to provide min-
imum standards to safeguard life or limb, health,
property and public welfare by regulating and
controlling the design, construction, quality of
materials, use and occupancy, location and main-
tenance of all buildings, structures and utilities
within the city and certain equipment specifically
regulated herein.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sec. 5.2. Definitions.
The following words, terms and phrases, when
used in this chapter, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Abandon (abandoned): The desertion of a build-
ing, structure or utility. "Abandon" shall also
mean when all utilities are disconnected ancllor
the building, structure or utility is left to the
mercy of vandalism, dilapidation, deterioration
and creates a fire hazard, an unsafe condition or a
nuisance.
Adequate (sufficient): Found to be acceptable
by the division, by the use of reasonable and
customary standards.
Alter or alteration: Any change, rearrange-
ment, addition or modification in construction or
occupancy.
Approved (approval): To be officially acceptable
or satisfactorily meeting the basic requirements
of this chapter.
Approved agency: An established and recog-
nized agency regularly engaged in conducting
tests or furnishing inspection services when such
agency has been approved by the division.
Approved as to methods, materials and types of
construction: Approval by the division as the
result of investigation and tests conducted, or by
reason of accepted principles or tests by national
authorities, technical or scientific organizations
or by the standards established within this chap-
ter.
Supp. No. 1B
Authorized representative: Includes members
of the building inspection division, authorized
inspection personnel of the fire district having
jurisdiction as well as inspection personnel of the
health department having jurisdiction.
Board: The building code advisory board.
Building: A structure, including utilities, en-
closed with a roof and within exterior walls built,
erected and framed of component structural parts
designed for the housing, shelter, enclosure and
support of individuals, animals or property of any
kind.
Building code: The total content of this chapter
together with the content of the various standard
codes adopted by this chapter.
Building, existing: Any building actually con-
structed or started under properly issued building
permit previous to the adoption of this chapter, or
located on land annexed to the city or built prior
to the requirement of a building permit.
Building official: The chief building official or
his authorized representative.
Combustible material: One which does not meet
the requirements of the definition of noncombus-
tible material.
Construction: All labor and materials used in
the framing or assembling of component parts in
the erection, construction, raising, demolition and
removal of any appliance, device, building, struc-
ture or utility.
Department of planning and development: The
city department consisting of the planning divi-
sion, code enforcement division and the building
inspection division. The department is headed by
the director of planning and development.
Department of public works: The city depart-
ment consisting of the engineering division and
street maintenance division. The department is
headed by the director of public works.
Department shall mean the department of pub-
lic works.
Deterioration: As applied to buildings, struc-
tures, equipment find materials, includes corro-
sion, decay, wear and tear through abuse, obso-
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WHEAT RIDGE CITY CODE
lescence effects of the elements, fire damage, lack
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of maintenance or by any other cause; includes
fatigue due to overstressing, disintegration of
component parts of a building, structure and
equipment and the separation of materials and
structural parts.
Division: The building inspection division of
the department of planning and development.
Floor area: The area_included within the sur-
rounding exterior walls of a building or portion
thereof, exclusive of vent shafts and exterior
courts. The floor of a building, or portion thereof,
not provided with surrounding exterior walls shall
be the usable area under the horizontal projection
of the roof or floor above.
Maintenance: The repair, alteration or replace-
ment of those portions of a building, structure or
utility which for any reason deteriorates, cor-
rodes, decays, breaks, wears out or otherwise
becomes incapable of furnishing or providing the
degree of public safety prescribed by this chapter
for which the building, structure or utility was
installed or incorporated. This definition shall not
include normal janitorial services.
A municipal licensed contractor is authorized,
upon issuance of a "right-of-way construction per-
mit," to work within the public way.
Occupancy: The purpose for which a building is
used or intended to be used. The term shall also
include the building or room housing such use.
Change of occupancy is not intended to include
change of tenants or proprietors.
Occupancy, mixed: A building used for more
than one purpose.
Partition: Ally vertical construction used to
divide a building or part thereof into rooms or
spaces and which extends over six (6) feet above
the floor on which it rests.
Public walk: Any parcel of land on public or
private property appropriated to the free passage
of the general public.
Public way: Any public street, way, place, alley,
sidewalk, easement, park, square, plaza or other
city-owned right-of-way or any other public prop-
erty owned or controlled by the City of Wheat
Supp. No. 18
Ridge and dedicated to public use. Any easements
dedicated solely for utility purposes shall not be
included in this definition.
Repair: The reconstruction or renewal of any
part of an existing building, structure or utility
for the purpose of its maintenance. The word
"repair" shall not apply to any change of construc-
tion.
Structure: An assembly of materials forming a
construction for occupancy and including among
others, buildings, stadiums, tents, reviewing stands,
platforms, stagings, observation towers, radio and
television towers, water tanks, swimming and
wading pools, retaining walls, open sheds, coal
bins, shelters, fences, display signs. This defini-
tion shall not include utilities.
Utility(ies): Includes public services including
but not limited, to gas, electrical, telephone, cable
TV, water, sanitary sewer, etc.
Utility company(ies): All districts and public
and private companies which supply utility ser-
vices including gas, electrical, telephone, water,
sewer, cable Tv, etc.
Utility services: Those portions of utilities lo-
cated outside of a public way.
Use: A component or constituent of an occu-
pancy.
Utility services: Includes, but shall not be lim-
ited to, the following:
(1) Refrigeration systems and their appurte-
nances.
(2) Electrical systems and all appurtenances
such as motors, etc.
(3) Heating and ventilating systems and ap-
purtenances.
(4) Elevators, dumbwaiters, escalators and
similar conveyances.
(5) Fire protection systems and apparatus.
(6) Air-conditioning or air-treatment sys-
tems, including ductwork.
(7) Exhaust or ventilating systems including
ductwork.
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BUILDINGS AND BUILDING REGULATIONS
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. (8) Plumbing and sanitary systems and all
appurtenances.
e (9) Signal and annunciator systems.
(10) Gas, oil and solid fuel-fired appliances,
piping, controls, burners and their appur-
tenances.
(11) Evaporative cooling, antennas, wells and
equipment, water heaters, gas lights,
fences.
(12) Swimming pool piping, gasoline pumps, (2)
L_P.G., liquid fuel and gasoline tanks and
piping.
(13) Telephone and cable TV lines and facili-
ties_
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sec. 5.3. Scope.
The provisions of this chapter shall extend to
and govem the following:
(1) Construction, addition, alteration, repair,
demolition, conversion, removal, moving,
. occupancy and maintenance of any build-
ing, structure, utility service hereafter
constructed or other work in the public (3)
way.
(2) Alteration, addition, repair, demolition,
removal, moving, change of occupancy and
maintenance of any existing building, struc-
ture, utility service heretofore constructed
or other work in the public way.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sec. 5-4. Resolution of conflicts.
If there are any conflicts between the provi-
sions of any of the articles of this chapter, the
more restrictive provisions or requirements shall
govem. (4)
(Ord. No. 1996-1039, ~ 1,7-29-96)
Sec. 5-5. Enforcement and remedies.
(a) Civil actions. When an alleged violation of
. this chapter has not been voluntarily abated
within the time specified in the notice issued
pursuant to section 2-34:
(1) The city may bring a civil action in the
. municipal court to have the violation de-
Supp. No. 21 337
clared as such by the court and to have
the court enjoin the violation or to autho-
rize its restraint, removal, termination or
abatement by the owner, agent, occupant
or person who caused the violation or the
person who allowed the violation to con-
tinue, or by the mayor, the director of
planning and development, director of pub-
lie works or the chief of police or their
designated representatives.
The civil action to declare and abate a
violation of this chapter shall be brought
in the name of the City of Wheat Ridge by
filing a complaint, which shall be verified
or supported by an affidavit. Summonses
and subpoenas shall be issued and served
as in civil cases. Any employee or agent of
the City of Wheat Ridge who is over the
age of eighteen (18) may serve a summons
and verified complaint upon the owner,
agent, occupant or the person who caused
or allowed the violation (hereinafter "re-
spondent"), or a subpoena upon any wit-
ness to the violation. Trial shall be to the
court.
A notice of appearance shall be served
with the summons and complaint. The
appearance date shall be not less than
twenty-one (21) days from the date of
service of the summons and complaint.
The respondent shall file a response or
answer on or before the appearance date
specified in the notice of appearance. The
trial shall be held upon the appearance
date, unless the court grants a continu-
ance for good cause shown. No case shall
be continued for more than sixty (60) days
after the appearance date_
Upon the date and time specified for ap-
pearance and trial, if the respondent has
filed no response and fails to appear, and
if the city proves that proper service was
made on respondent at least twenty-one
(21) days prior to the appearance date,
the court may grant such orders as are
requested by the city; except that, the
court shall order the enforcement by the
city be stayed for ten (10) days and that a
~5-5
WHEAT RIDGE CITY CODE
copy of the court's order be mailed to the
respondent at his last known address.
. Failure to appear on any date set for
hearing and trial shall be grounds for
entering a default and default judgment
against the nonappearing party. Prior to
enforcement, and upon good cause shown,
the court may set aside an entry of default
and default judgment entered thereon.
(5) Any disobedience to or interference with
any injunction or order issued by the
municipal court in an action to abate a
violation of this chapter of the Wheat
Ridge Code of Laws may be punished as a
contempt of court or by a fine of not more
than one thousand dollars ($1,000.00).
Each day's failure to comply with an in-
junction or order to abate shall constitute
a separate act of contempt for which an
additional penalty may be imposed.
(6) In order to facilitate just, speedy, informal
and inexpensive determinations of claims,
the court shall follow the rules of county
court civil procedure, as presently adopted
and as amended hereafter from time to
time, excepting Rules 302, 313, 338, 339,
347, 348, 350, 351, 351.1, 359(c)(2), 365,
383, 398, 402, 403, 404 and 406 thereof,
and shall further utilize and follow the
provisions of Rule 65 of the Colorado
Rules of Civil Procedure in all cases
wherein civil enforcement of the provi-
sions of chapter 5 is sought. In the event
of any discrepancy between any of the
provisions of chapter 5 and those applica-
ble rules of county court civil procedure,
or Rule 65 of the Colorado Rules of Civil
Procedure adopted hereby, the provisions
of chapter 5 shall prevail and be applied.
The right is expressly reserved and
delegated to the presiding judge of the
Wheat Ridge Municipal Court to adopt
rules of procedure for the Wheat Ridge
Municipal Court, which rules shall be
applicable in any civil enforcement action
brought by the city; provided, however,
that said rules of procedure adopted and
promulgated by the presiding judge of the
Supp. No. 21
municipal court shall not conflict with or
contradict the authority of the city to
pursue civil enforcement for violations of
the provisions of this chapter 5.
(7) In any case in which the city prevails in a
civil action initiated pursuant to this sub-
section (a), the city may recover its rea-
sonable costs of abating the violation,
including reasonable costs of litigation,
plus fifteen (15) percent in administrative
costs; plus costs may be assessed against
the subject property pursuant to para-
graphs 16-13-313 and 16-13-314, C.R.S.,
(as amended). The remedies specified in
this subsection (a) shall be in addition to
all other remedies provided by law_
(b) Cumulative remedies. The remedies set forth
herein are cumulative. In the event any building,
structure or utility is erected, constructed, recon-
structed, altered, repaired, converted, demol-
ished, moved or maintained, or any building,
structure or utility is used in violation of this
chapter, the city or any proper city official may
institute any other appropriate action or proceed-
ings to prevent such unlawful erection, construc-
tion, reconstruction, alteration, repair, conver-
sion, maintenance or occupancy to restrain, correct
or abate such violation or to prevent the occu-
pancy of such building, structure or land. The
initiation of any action or the imposition of any
penalty hereunder shall not preclude the city or
any proper person from instituting any other
appropriate action or proceeding to require com-
pliance with the provisions of this chapter and
with administrative orders and determinations
made hereunder.
(Ord. No. 1996-1039, ~ 1, 7-29-96; Ord. No. 1998-
1120, ~ 3, 6-8-98)
Sees. 5-6-5-20. Reserved.
ARTICLE IL ADMINISTRATION AND
ENFORCEMENT*
DMSION 1. GENERALLY
See. 5-21. Records.
(a) General file records in the building inspec-
tion division shall be open for public inspection,
*Cross reference-Enforcement of chapter 5 by code
enforcement officers, * 2-34.
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BUILDINGS AND BUILDING REGULATIONS
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but may not be removed from the building inspec-
tion division. Except as provided by law, specific
investigation records on individual cases and li-
cense applications are not open to the public
except by direction of the mayor, or order from the
court.
(b) Plans on file in the building inspection
division shall not be made available to the public
for reproduction, tracing or copying. Nothing in
this chapter is to be interpreted as prohibiting the
city from microfIlming or digital imaging and
storage of any plans and specifications for file
purposes within the city.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sec. 5-22. Inspections-Authority of chief
building official; investigations
and surveys.
The chief building official shall have the au-
thority to inspect, or cause to be inspected for
compliance with this chapter, all buildings, struc-
tures and utilities. Incidental to any of these
duties and powers, but without limitation of same,
the division shall conduct investigations and sur-
veys to determine compliance or noncompliance
with the provisions of this chapter and shall
investigate or cause to be investigated all acci-
dents pertaining to buildings, structures or utili-
ties for the purpose of ascertaining whether the
requirements of this chapter have been violated.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sec. 5.23. Same-Regular program.
(a) A program of regular and continuous in-
spection of existing manufacturing, commercial
and residential buildings and structures within
this city hereby is found and determined to be
necessary to provide and maintain the minimum
standards of public health and safety required to
be provided for by law.
(b) Such a program of inspection hereby is
authorized and approved, and the appropriate
fire departments and health department, having
jurisdiction in the city, and the building inspec-
tion division, are authorized and directed to make
such inspections of such property as they deter-
mine are required to make such a program effec-
tive.
Supp. No. 18
(c) In the implementation of such a program of
inspection, the duly authorized inspection person-
nel of such departments hereby are authorized
and directed to use all means provided by law to
such inspections.
(Ord. No. 199601039, ~ 1, 7-29-96)
Sec. 5-24. Right of entry.
(a) Generally. Whenever it is necessary to make
an inspection to enforce any of the provisions of or
perform any duty imposed by this chapter or
other applicable law, or whenever the chief build-
ing official or his authorized representative, or
any authorized inspection personnel of the fire
departments or health department, has reason-
able cause to believe that there exists in any
building or upon any premises any condition
which makes such building or premises hazard-
ous, unsafe or dangerous for any reason specified
in this chapter or other similar law, the chief
building official or his authorized representative
hereby is authorized to enter such property at any
reasonable time, or during normal business hours,
and to inspect the same and perform any duty
imposed upon the chief building official by this
chapter or other applicable law; provided that:
(1) If such property be occupied, he shall first
present proper credentials to the occu-
pant and request entry explaining his
reasons therefor.
(2) If such property be unoccupied, he shall
first make a reasonable effort to locate the
owner or other persons having charge or
control of the property and request entry,
explaining his reasons therefor. If such
entry is refused or cannot be obtained
because the person having control of the
property cannot be found after due dili-
gence, the chief building official or his
authorized representative shall have re-
course to every remedy provided by law to
secure lawful entry and inspect the prop-
erty.
Notwithstanding the foregoing, if the chief build-
ing official or his authorized representative has
reasonable cause to believe that the building or
premises is so hazardous, unsafe or dangerous as
to require immediate inspection to safeguard the
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WHEAT RIDGE CITY CODE
public health or safety, he shall have the right to
enter immediately and inspect such property and
may use any reasonable means required to effect
such entry and make ~uch inspection, whether
such property be occupied or unoccupied, and
whether or not permission to inspect has been
obtained. If the property be occupied, he shall
first present proper credentials, as provided for in
section 5-22 to the occupant and demand entry,
explaining his reasons therefore and the purpose
of his inspection.
(c) Owner's refusal to permit. No person shall
fail or refuse, after proper demand has been made
upon him as provided in this section, to permit
the chief building official or his authorized repre-
sentative to make any inspection provided for in
section 5-22. Any person violating this section
shall be guilty of a misdemeanor.
(Ord. No. 1996-1039, ~ 1,7-29-96)
Sec. 5.25. Building code advisory board.
Whenever in this chapter reference is made to
an appeal from any written ruling or administra-
tive decision, the building code advisory board as
established in section 2-59 of this Code shall be
the appellate body so designated, whether it shall
be styled as board of appeals, housing appeals
and advisory board, or by any other name.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sees. 5-26-5.32. Reserved.
DMSION 2. BUILDING PERMIT
Sec. 5.33. Required; utility exception.
(a) No person nor the federal, state, county or
city government or any agency, subdivision or
department thereof shall erect, construct, en-
large1 remodel, alter, repair, move, improve, re-
move, convert, demolish or change type of occu-
pancy of any building, structure or utility or
perform any other work regulated by this chapter
or cause the same to be performed, without first
having obtained a permit for the specific work to
be performed from the building inspection divi-
sion. Permits shall not be transferable.
Supp. No. 18
(b) A permit shall not be required of a utility,
for the repair and maintenance of the equipment
and facilities located outside the public way used
in the distribution of such utility which has been
exempted elsewhere in this chapter.
(c) School districts shall not be required to
obtain a permit to erect, construct, enlarge, re-
model, alter, repair or improve any school build-
ings. Owned and operated by them in active and
exclusive use for classroom educational purposes.
All such facilities remain subject to all other
requirements of this Code, including chapter 26
(Zomng and Development).
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sec. 5.34. Authorized applicants.
Only persons duly licensed under the terms
and provisions of this chapter may apply for a
permit, and such licensees may apply for and be
issued permits to perform only such work as they
are entitled to perform under their respective
licenses. Any application for a permit filed in
derogation of this chapter shall be deemed to have
been filed with fraudulent intent and shall be a
nullity. Notwithstanding the foregoing and in
addition thereto, the following persons shall be
deemed to be authorized applicants:
(1) Any person who owns a group I building
may make application for permit to en-
large, remodel, alter, repair, improve, con-
vert or demolish such building. Upon is-
suance of a permit hereunder all such
work authorized shall be performed per-
sonally only by such person and shall be
performed in accordance with all the re-
quirements of this chapter.
(Ord. No. 1996-1039, ~ 1,7-29-96)
Sec. 5.35. Application to be filed and signed.
(a) To obtain a permit, the applicant shall first
file an application in writing on a form furnished
by the building inspection division and such ap-
plication shall include all information and reflect
such qualifications as may be required. The ap-
plication for a main building or an addition that
exceeds fifty (50) percent of the present gross floor
area, except as pertains to all Residential-One
(R-l) zoning category, shall be accompanied by a
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BUILDINGS AND BUILDING REGULATIONS
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development plan, including, but not limited to,
landscaping, drainage, traffic flow, parking and
park and street dedication. Building permits will
not be issued unless such development plan has
received the approvals subject to additional engi-
neering requirements by the department of public
works and/or the planning division.
(b) A licensee and/or his authorized represen-
tative shall be required to sign all applications for
permits issued to him. The licensee shall submit a
list annually to the division indicating the lic-
ensee signature and those of his authorized rep-
resentatives. An applicant for an owner's permit
shall be required to sign all applications for
permits issued in his name.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sec'o5-36. Validity.
(a) The issuance of a permit or the approval of
drawings and specifications shall not be con-
strued to be a permit for, nor an approval of, any
violation of the provisions of this chapter or any
other ordinance, law, rule or regulation. A permit
issued shall be invalid if, in the work completed, a
violation of this chapter ensued. When such vio-
lation occurs and correction notices are not fol-
lowed, the permit shall be deemed to be canceled
and the building, structure or utility shall be
. made to conform with the provisions of this chap-
ter or shall be removed or demolished.
(b) The issuance of a permit, based upon draw-
ings and specifications, shall not prevent the
division from thereafter requiring the correction
of violations in the drawings and specifications or
from stopping unlawful building operations being
carried on thereunder.
(Ord. No. 1996-1039, {l1, 7-29-96)
Sec. 5-37. Expiration and cancellation.
(a) Generally. Every permit shall expire if the
work authorized by such permit is not commenced
within sixty (60) days from the issue date of such
permit, or if the work authorized is suspended or
abandoned for a period of one hundred twenty
(120) days at any time after the work is started.
Expired permits shall be canceled and no refund
of the permit fee shall be made. Before such work
can be commenced or resumed, a new permit shall
Supp. No. 18
be obtained and the fee therefor shall be one-half
the amount required for the original permit, pro-
vided that no changes have been made in the
original drawings and specifications for such work;
and provided further, that such suspension or
abandonment has not exceeded one year. If the
permit holder can demonstrate that the suspen-
sion or abandonment was occasioned by circum-
stances beyond his control and that it would be an
injustice to require a fee for a new permit, the
same may be issued without charge at the sole
discretion of the chief building official.
(b) Exception: The work authorized by a wreck-
ing or moving permit shall be commenced within
thirty (30) days from the date of issuance of such
permit and shall be continuous until the work
authorized by such permit is completed. If such
work is suspended or abandoned for a period of
ten (10) days after the work is commenced, the
permit shall expire. For the purpose of this sec-
tion, the definition of "continuous" shall be the
normal rate of progress in completion of a project
in keeping with good building or demolition prac-
tices.
(Ord. No. 1996-1039, {l1, 7-29-96)
Sec. 5-38. Revocation and suspension-Gen-
erally.
The building inspection division may revoke or
suspend any permit or may stop the work for any
of the following reasons:
(1) Whenever there is a violation or suspicion
of a violation of any provision of this
chapter or any city ordinance which the
division is empowered to enforce.
(2) Whenever the continuance of any work
becomes dangerous to life or property.
(Ord. No. 1996-1039, {l1, 7-29-96)
Sec. 5-39. Same-Notice.
The notice of revocation or suspension of the
permit in every instance shall be in writing and
shall be served upon the holder of the permit, the
owner of the property or the person having charge
of the work. Mter the notice is served, it shall be
unlawful to proceed with any work for which such
permit was issued. Revoked permits shall be
341
~ 5-39
WHEAT RIDGE CITY CODE
canceled and the permit fee shall not be refunded.
Reinstatement of a permit shall be by written
notice from the building inspection division.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sec. 5-40. Stopping issuance under certain
conditions.
The director of planning and community devel-
opment or the director of public works may order,
in writing, that the chief building official tempo-
rarily stop issuing building permits to a certain
owner or person in the case of willful and re-
peated violation of this chapter, the city engineer's
standards and specifications, or other city regula-
tions.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sec. 5-41. Fees.
(a) All fees related to public works building
permit review and processing under this chapter
shall be established by council resolution. Build-
ing permit fees shall not include cost of land or
public improvements associated with purchase of
land for construction ofthe structure.
(b) The Government of the United States of
America, the State of Colorado and its political
subdivisions, the city and all agencies and depart-
ments thereof shall be exempt from the payment
of fees for work performed on buildings, struc-
tures or utilities owned wholly by such agencies
or departments and devoted exclusively to gov-
ernmental use.
(c) The fee for a supplementary permit to cover
any additional valuation not included in the orig-
inal permit shall be the difference between the fee
paid for the original permit and the fee which
would have been required had the original permit
included the entire valuation.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sec. 5-42. House moving permits.
(a) Each house moving permit shall be issued
subject to the approval of the director of public
works and the chief of police. Failure to obtain
approval as set out above shall nullify and void
the permit issued by the building inspection divi-
sion and any fees paid shall be retained by the
Supp. No. 18
city. The chief building official, and other depart-
ments and authorities mentioned herein, may
impose reasonable conditions on the permit holder
to ensure the safe movement of any building
within the city.
(b) Each house moving permit shall be as-
sessed a one hundred dollar ($100.00) processing
fee for issuance of the permit which shall be due
and payable at time of application for the permit.
In addition to the processing fee, the permittee
shall provide a five hundred dollar ($500,000)
bond or insurance certificate or other suitable
security to the city as a guarantee to the city that
any damages to public improvements are re-
paired to new condition.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sec. 5-43. Drawings and specifications.
(a) Required drawing and specifications. Draw-
ings and specifications shall be required prior to
the issuance of a permit. Such drawings and
specifications shall be checked and approved by
the building inspection division prior to the issu-
ance of a permit for the work to be performed. All
drawings shall have the building division stamp
of approval on each page thereof.
(b) Who may submit. Any person may submit
drawings and specifications in connection with an
application for a permit, except that permits for
buildings for public or semipublic nature or for
any building exceeding two (2) stories in height or
with a clear span exceeding twenty-four (24) feet
shall require approval of a state licensed architect
or engineer. Retaining walls over five (5) feet in
height must be designed and approved by a state-
licensed engineer. A survey establishing the loca-
tion of boundaries and a plan for drainage of the
property upon which the operations are to be
executed may be required by the chief building
official.
Exception: Single-family residences embodying
standard construction techniques may be specifi-
cally excluded by the chief building official from
the requirement for architectural or engineering
service. Permits for small and unimportant struc-
tures may be issued without requiring complete
, plans.
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BUILDINGS AND BUILDING REGULATIONS
* 5-44
(c) Standards for preparation; content. Draw-
ings, when required, shall be made to scale upon
substantial paper, plastic or cloth and the draw-
ings and specifications shall be complete and of
sufficient clarity to indicate the entire nature and
extent of the work proposed and to indicate in
detail that the building, structure and utilities
will conform to the provisions of this chapter,
current subdivision regulations in effect at the
time the permit is issued, and all relevant laws,
ordinances, rules and regulations. Mechanical
drawings, specifications and analyses shall con-
tain:
(1) The name, signature and address of the
person or firm responsible for preparation
of such drawings and specifications. The
seal and signature of the engineer(s) and/or
architect(s) responsible for the prepara-
tion of such drawings and specifications
shall appear on each drawing.
(2) At least single line drawings (including
typical isometric) of plumbing, heating
and air-treatment systems.
(3) BTU rating of gas units, including method
of combustion air supply, type of refriger-
ation and horsepower and gas meter loca-
tions.
(4) Heating, ventilation, cooling and fire pro-
tection details.
Electrical drawings, specifications and analyses
shall contain:
(5) The name,"signature and address of the
person or firm responsible for the prepa-
ration of such drawings and specifica-
tions. The seal of the engineer or architect
responsible for the preparation of such
drawings and specifications stamped on
each drawing and signature affixed thereto.
(6) A complete electrical layout with a service
diagram showing load breakdown and sizes
of service and feeder conductors and loca-
tion of feeder panels.
Additional information required by the division
may include:
(7) Reports of an independent testing agency
which substantiates the requirements of
Supp. No. 18
this chapter regarding structural or fire
resistive characteristics of the building or
portion thereof.
(8) Calculations indicating the determina-
tion of sizes of elements of the structure.
(9) Any other information that may be deemed
necessary in the determination of compli-
ance with requirements of this chapter.
(10) Complete elevator layout.
(d) Disposal after final inspection. After final
inspection has been made upon completion of the
work approved in a set of drawings and specifica-
tions, the division copy of such drawings and
specifications shall be disposed of in the following
manner:
(1) All drawings and specifications pertain-
ing to city-owned buildings, structures or
utilities shall be kept in a permanent file.
(2) Other drawings and specifications may be
disposed of at any time after two (2) years
have elapsed from the date of issuance of
the permit.
(3) Drawings and specifications submitted for
checking i)nly may be disposed of after
sixty (60) days.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sec. 5-44. Compliance with subdivision reg-
ulations.
Prior to the issuance of a certificate of occu-
pancy for new construction of a dwelling or main
building, applicable subdivision regulations exist-
ing at the time the building permit was issued
shall be complied with by the owner or his as-
signs. This shall include the proper installation of
curb, gutter and sidewalk in compliance with the
adopted standards, installation of streets adja-
cent to the building site as required by the regu-
lations, installation of proper fire hydrants to
meet the standards adopted, proper connection to
public water and sewer facilities as required by
the regulations, and compliance with other adopted
standards.
(Ord. No. 1996-1039, S 1, 7-29-96)
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~5-45
WHEAT RIDGE CITY CODE
Sec. 5-45. Public improvements required.
(a) Applications for building permits shall be
reviewed by the department of public works to
determine whether the proposed construction will
require the installation or construction of public
improvements including, but not limited to, street
paving, curbs, gutters, sidewalks, drainage facil-
ities, or other public improvements as may be
required by ordinance or the subdivision regula-
tions.
(b) If it is determined by the department of
public works that any such public improvements
are necessitated by the proposed construction
based upon the specific adverse effects created by
the proposed construction, including, but not lim-
ited to, drainage, traffic, street continuity, curb,
gutter and sidewalk, relocation or underground-
ing of utilities, street lighting, roadway construc-
tion), the department of public works shall so
inform the building official, and in such event a
condition shall be inserted in the building permit
which shall require the construction of such pub-
lic improvement or public improvements by the
property owner and the dedication thereof to the
city. All such improvements are to be constructed
in full compliance with the city's engineering
division regulations, design standards and con-
struction specifications. The cost of any such
improvements shall be borne by the property
owner, and the construction thereof shall be at the
sole cost, risk and expense of the property owner,
subject to the provisions of any applicable city
ordinance, regulations or policies. Subject to the
requirements of paragraph (c) below, failure to
construct any such required public improvements
shall entitle the city to withhold any certificate of
occupancy.
(c) If it is determined by the department of
public works, after consideration of the factors set
forth below that such public improvements may
be placed at a later date. An escrow amount
equalling one hundred (100) percent of the esti-
mated cost of the required public improvements
shall be deposited with the city. The cost estimate
will be prepared by the engineering division,
based upon current construction costs prior to
issuance of a building permit.
(1) The installation of curbs, gutters and side-
walks and related roadway improvements
Supp. No. 18
may not be required where less than half
of the properties on the street extending
five hundred (500) feet from the lot lines
of the property in question, on both sides
of the fronting street, have in existence
curbs, gutters and sidewalks.
(2) No curbs, gutters and sidewalks shall be
required for a remodeling of an existing
building.
(3) Installation of curbs, gutters and side-
walks would be impractical or economi-
cally unfeasible or not in the best interest
of the city at the time of issuance of the
certificate of occupancy.
(d) In no event shall installation of curbs,
gutters or sidewalks be required if the cost of
installation of such curbs, gutters, sidewalks and
other improvements exceeds ten (10) percent of
the cost of the building permit value. In this case,
an escrow in the amount often (10) percent of the
value of the building permit shall be deposited
with the city by the property owner prior to
issuance of a building permit for the improve-
ments.
In addition, the installation of curbs, gutters
and sidewalks shall neither be required nor al-
lowed upon any street designated as an exempt
local street in the city's comprehensive plan nor
shall the department require an escrow for public
improvements.
(e) In any such event, a development agree-
ment shall be signed by the owner of the property,
pursuant to the subdivision regulations of the
city, which development agreement shall remain
in full force and effect for ten (10) years from the
date of execution by the property owner, unless
sooner released of record by the city.
(D Any owner, contractor or developer who is
aggrieved by a decision of the department of
public works requiring installation of such public
improvements or escrowing of funds in lieu of
construction shall have the right to appeal the
department's determination to the board of ad-
justment pursuant to section 2-61 of the city's
Code of Laws.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
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BUILDINGS AND BUILDING REGULATIONS
9 5-76
Sees. 5-46-5-55. Reserved.
DMSION 3. ELECTRICAL INSPECTIONS*
Sec. 5.56. Generally.
All electrical work performed under the provi-
sions of this chapter shall be subject to inspection
by the division and certain types of work shall
have continuous special inspection by privately
employed qualified inspectors. All inspections,
except those requiring a special inspection, shall
be requested at least twenty-four (24) hours in
advance of the actual physical inspection.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sec. 5-57. Certificate of test; retest and sus-
pension of certificate.
(a) The chief building official may, at his op-
tion, accept a certificate of test from a licensed
contractor in lieu of actual inspection. Such cer-
tificate shall be on a form prescribed by the chief
building official, shall be signed by a responsible
representative of the licensed person, and shall
set forth the date of test and the results obtained
therefrom.
(b) The chief building official or his authorized
representative may retest any installation or as-
sembly on which a certificate has been filed and,
in the case of substantial discrepancy in the
results of this test, may suspend any contractor's
privilege to file such certificate in lieu of actual
inspection.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sec. 5-58. Type required.
Required inspections shall include, but not be
limited to, the following:
(1) Rough-in first inspection which shall con-
sist of all conduits, semirigid piping or
wiring being in place prior to covering.
(2) Final inspection to be made when the
work is completed and operating.
(Ord. No. 1996-1039, ~ 1,7-29-96)
"'State law reference-Electrical inspection fees, C.R.S. ~
12-23-117.
Supp. No. 22
Sec. 5.59. Record card.
No construction work, including new work,
additions, alteration and repairs for all occupan-
cies; shall be commenced until the permit holder
or his agent shall have posted an inspection
record card in a conspicuous place so as to allow
the division to conveniently make the required
entries thereon regarding inspection of the work.
(Ord. No. 1996-1039, ~ 1,7-29-96)
Sec. 5.60. Approval of work beyond inspec-
tion point and foundation work to
be covered.
(a) Electrical work shall not be performed on
any portion of a building, structure or utility
beyond the point indicated in each successive
inspection without first obtaining the approval of
the building inspection division. Such approval
shall be given only after an inspection shall have
been made of each successive step in the construc-
tion as indicated by each of the inspections in this
article.
(b) Foundation work, reinforcing steel or struc-
tural framework of any part of any building,
structure or utility shall not be covered. or con-
cealed in any manner whatever without first
obtaining the approval from the division on every
building, structure or utility when the same is
complete and ready for occupancy.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sec. 5-61. Exposure of work.
Whenever any electrical work is covered or
concealed by additional work, or by furniture,
fixtures, or merchandise, without first having
been inspected as required, the building inspec-
tion division may order, by written notice, that
such work be exposed for examination. The work
of exposing and recovering shall not entail ex-
pense to the city.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sees. 5.62-5.75. Reserved.
ARTICLEIll.TEC~CALCODES
Sec. 5-76. Building code.
(a) Adoption. The Uniform Building Code, 1997
Edition, copyright 1997, by the International Con-
ference of Building Officials, 5360 Workman Mill
345
~ 5-76
WHEAT RIDGE CODE
Road, Whittier, California, 90601-2298, is hereby
adopted by reference and incorporated into this
article as though fully set forth herein as the
building construction code of the City of Wheat
Ridge. One copy of said Uniform Building Code
shall be filed in the office of the city clerk and may
be inspected during regular business hours. Ex-
cept as otherwise provided hereafter, such Code is
adopted in full, including the outline of contents,
index and appendices contained herein. Appendi-
ces numbered chapter 30; 3, divisions III and Iv,
are not adopted.
(b) General interpretations. The following gen-
eral interpretations are made in this section:
(1) Frost line shall be established as two (2)
feet below finish ground surface.
(2) Wind load shall be established as thirty
(30) pounds per square foot of wind pres-
sure.
(3) Roof live load shall be established as
thirty (30) pounds per square foot.
(4) The city is hereby established as being
within seismic zone one (1).
(c) Amendments. The Uniform Building Code
adopted by this section is amended as follows.
Section numbers referred to herein refer to and
correspond with the section numbers of the Uni-
form Building Code.
Section 104.2.1, General, is amended by deleting
the existing paragraph and substituting in its
place the following:
"Sec. 104.2.1 General. The chief building
official is hereby authorized and directed to
enforce all the provisions ofihis code. For such
purposes, the chief building official, and his
desiguee{s), shall have and possess, and shall
be entitled to exercise, the powers of a law
enforcement officer, which powers include, not
by way oflimitation, the authority to issue and
serve summons or other legal process; to ini-
tiate, file, and prosecute complaints with the
appropriate judicial bodies; and all other pow-
ers and authority necessary to enforce or to aid
in enforcement of this code."
Supp. No. 22
Section 106.2, Exempted Work, is amended, by
deleting the following subsections:
"1. One-story detached accessory buildings,
etc.
"2. Fences not over 6 feet high.
"7. Platforms, walks and driveways not more
than 30 inches above grade and not over
any basement or story below and less
than 500 square feet in area."
Section 107, Fees, shall be amended as follows:
(a) Section 107.2, "Pennit Fees," is deleted
and substituted in its place is the follow-
ing:
107.2 Permit Fees. A fee for each build-
ing permit shall be paid to the city trea-
surer prior to the issuance of any such
permit. Said fees shall be determined by
Table I-A of the Uniform Building Code
and collected by the city treasurer or their
designee. The determination of value or
valuation under any of the provisions of
this code shall be made by the codes
administrator. The value to be used in
computing the building permit and build-
ing plan review fees shall be the total
value of all construction work for which
the permit is issued, as well as all finish
work, painting, roofing, electrical, plumb-
ing, heating, air conditioning, elevators,
fire-extinguishing systems and any other
permanent equipment.
Section 305.9, is amended to read as follows:
An approved automatic sprinkler system
shall be provided for Group E occupancies with
an occupant load of twenty (20) or more per-
sons.
Section 3102.5.1, [Solid-Fuel-Burning Factory Fire-
places], shall be added to read as follows:
"(d) Every new or remodeled solid-fuel-
burning factory fireplace shall have perma-
nently installed either:
"(1) Approved gas logs; or
"(2) Other approved gas or alcohol-specific ap-
pliances; or
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BUILDINGS AND BUILDING REGULATIONS
~ 5-76
"(3) A phase III certified device as defined in
Federal Regulations 40 CFR Part 60 Sub-
part AAA, section 41-728 or other solid-
fuel-burning device meeting the most strin-
gent emission standards for wood stoves
established under state statute and/or reg-
ulations promulgated by the Colorado Air
Quality Control Commission existing at
the time of installation of the fireplace, as
demonstrated by test by an Environmen-
tal Protection Agency accredited labora-
tory, and which is safety tested to
Underwriter's Laboratory standards."
Section 3102.7, General, shall be added to read as
follows:
"Sec. 3102.7.1 General. Every new or re-
modeled masonry fireplace shall have perma-
nently installed either:
"(1) Approved gas logs; or
"(2) Other approved gas or alcohol-specific ap-
pliances; or
"(3) A phase III certified device as defined in
Federal Regulations 40 CFR Part 60 Sub-
part AAA, section 41-728 or other solid-
fuel-burning device meeting the most strin-
gent emission standards for woodstoves
established under state statute and/or reg-
ulations promulgated by the Colorado Air
Quality Control Commission existing at
the time of installation ofthe fireplace, as
demonstrated by a test by an Environmen-
tal Protection Agency accredited labora-
tory, and which is safety tested to
Underwriter's Laboratory standards.
Chapter 33 of the Uniform Building Code is
modified to read as follows:
"The director of public works may be substi-
tuted for chief building official as appropriate
throughout this chapter."
Add the following paragraph to subsection 3301.1:
"Each application for a single-family building
permit shall be submitted with an accompanying
overlot grading plan. The overlot grading plan
shall address overlot grading and shall show how
existing drainage patterns will be affected and
Supp. No. 22
maintained by proposed construction. The fine
[final] grading plan for single family homes may
be prepared by the permit applicant.
"Upon completion of review and approval of the
overlot grading plan, the director of public works
may issue a grading and fill permit to the appli-
cant if all the requirements of the public works
department have been met.
"Upon completion of construction activity con-
tained in the building permit and associated fill
and grading permits for a single- family building
permit, the applicant shall certifY to the city in
writing that the work performed is in substantial
compliance with the information contained in the
overlot grading plan. This certification must be
received by the building inspection division prior
to issuance of a certificate of occupancy. The
grading and fill permit does not address or in-
clude excavations and/or fill required to construct
building foundations or basements.
''Each application for a multifamily, industrial
or commercial building permit shall be submitted
with an accompanying drainage report and plan,
site grading and erosion control plan. These doc-
uments must be prepared by a Colorado-regis-
tered professional engineer.
"Upon completion of review and approval of the
drainage report and plan, [and] the site grading
and erosion control plans, the director of public
works may issue a grading and fill permit to the
applicant if all the requirements of the depart-
ment of public works have been met.
"The building permit and grading and fill per-
mit for a site will be simultaneously issued by the
building inspection division.
"Upon completion of construction activity con-
tained in the building permit and associated
drainage report and plan, the site grading and
erosion control plan for a multifamily, commercial
or industrial permit, the registered engineer pre-
paring this information shall certify in writing to
the city that the work performed on the site is in
substantial compliance with the information con-
tained in these documents. This certification must
be received by the building inspection division
prior to issuance of a certificate of occupancy. The
347
~ 5-76
WHEAT RIDGE CODE
grading and fill permit does not address or in-
clude excavations and/or fill required to construct
building foundations or basements."
Amend subsection 3310.2 as follows: Delete the
last sentence reading:
''For excavation and fill on the same site, the
fee shall be based upon the volume of excava-
tion or fill, whichever is greater" and replace
with the following sentence "For excavation
and fill on the same site, the fee shall be based
upon the sum total oftbe volumes of excavation
and fill."
Amend Table A-33A, Grading Plan Review Fees,
as follows:
Single-family home
(Or) lesa than 100 CY
$15.00
15.00
Note: The remainder of the fee structure remains
unchanged_
Amend Table A-33B, Grading Permit Fees, as
follows:
Single-family home
(Or) less than 50 CY
$15.00
15.00
Note: The remainder of the fee structure remains
unchanged.
Section 3404, Moved Buildings and Temporary
Buildings, is amended as follows: Renumber ex-
isting first paragraph as subsection (1) and add
the following subsections:
"(2) Complete plans and specifications shall
be prepared on move-in houses or struc-
tures and submitted to the chief building
official with application for permit as re-
quired for new construction.
"(3) Before acting on such application, the
chief building official shall make or cause
to be made an inspection of the structure
to be moved. This inspection shall be
known as the pre-permit inspection.
"(4) A pre-permit inspection fee in the amount
of sixty dollars ($60.00), plus two-way
mileage at the current city mileage reim-
bursement rate per estimated mile shall
be paid to the city in advance.
Supp. No. 22
"(5) After the inspection, if the structure to be
moved meets the regulations of the build-
ing code or can be made to conform to the
code, the application for permit may then
be accepted by the chief building official.
"(6) After the preinspection, the chief building
official shall transmit to the applicant a
letter, setting forth the respects, if any, in
which the structure fails to meet the code
and the corrections deemed necessary to
bring the building into conformity with
the building code.
"(7) When the above requirements have been
met, insofar as the plans and specifica-
tions, the preinspection, and the applica-
tion for building permit, the chief building
official may issue the building permit.
The permit fee shall be the same as that
required for new construction with no
credit allowable for pre-permit inspection
fee paid.
"(8) After the building permit is issued, a
moving permit may be issued by the build-
ing inspection division, subject to ap-
proval of the chief of police and the direc-
tor or public works.
"(9) 'lb ensure compliance with all applicable
sections of the building code, all required
inspections shall be made, and a certifi-
cate of occupancy issued, before occu-
pancy is permitted, as is required for new
construction."
(d) Items of work for which a permit is re-
quired under this chapter which are commenced
before a permit is secured shall be assessed fees
for permits in triple the amounts prescribed in
the permit's fee schedule. This penalty shall be in
addition to the investigation fee referenced in
section 107.5.1 of the Uniform Building Code:
Wrd. No. 1996-1039, S 1,7-29-96; Ord. No. 1998-
1140, S 1, 11-23-98)
Charter reference-Adoption by reference, 9 5.16.
State law reference-Adoption by reference, C.R.S. ~
31-16-201 et seq.
Sec. 5-77. National Electrical Code.
(a) Adopted. The National Electrical Code, 1993
Edition, copyright by the National Fire Protection
Association, Batterymarch Park, Quincy, Massa-
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BUILDINGS AND BUILDING REGULATIONS
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chusetts, 02269, is hereby adopted by reference
thereto and incorporated into this chapter as
though fully set out herein as the electrical code of
the city. Except as otherwise provided in this
chapter, such code is adopted in full, including the
index and appendix contained therein. One copy
of said National Electrical Code ~hall be filed in
the office of the city clerk and may be inspected
during regular business hours.
(b) Amendments. The National Electrical Code,
adopted by this section is hereby amended as
follows (section numbers refer to section numbers
of the National Electrical Code):
Section 310-2(b) is amended by adding a new
sentence to read:
"Aluminum conductors under size 8 are not
allowed. "
Section 336-4, "Uses Not Permitted," is amended
by the addition of the following paragraph (c):
"(c) These types shall not be used in any
group A, B, E, H, I, R3, S or U6CCUpancy (as
defined in the Uniform Building Code, 1994
Edition. "
(c) Purpose. The purpose of this section is to
provide minimum standards to safeguard life or
limb, health, property, and public welfare by
regulating and controlling the design, construc-
tion, quality of materials, use and occupancy,
location and maintenance of all buildings; struc-
tures and utilities and certain equipment specif-
ically regulated herein.
(d) Electrical permit fees. Electrical permit fees
as governed by the state electrical board shall be
as follows: All fees, except for inspection in mobile
homes and travel parks, shall be computed on the
dollar value of the electrical installation, includ-
ing time and material (total cost to the customer)
and such fees shall be computed based upon the
electrical fee structure published by the State of
Colorado at time of obtaining the permit.
(e) Items of work for which a permit is re-
quired under this chapter which are commenced
before a permit is secured shall be assessed fees
for permits in triple the amounts prescribed in
Supp. No. 22
the permit's fee schedule. This penalty shall be in
addition to the investigation fee referenced in
section 107.5.1 of the Uniform Building Code.
(Ord. No. 1996-1039, ~ 1,7-29-96)
Charter reference-Adoption by reference, ~ 5.16.
State law reference-Adoption by reference, C.R.8. ~
31-16-201 et seq.
Sec. 5-78. Mechanical code.
(a) Adoption. The "Uniform Mechanical Code,"
1997 Edition, copyright 1997, by the Interna-
tional Conference of Building Officials, 5360 Work-
man Mill Road, Whittier, California 90601-2298,
is hereby adopted by reference and incorporated
into this article as though fully set forth herein as
the mechanical code of the City of Wheat Ridge.
One copy of said Uniform Mechanical Code shall
be filed in the office of the city clerk and may be
inspected during regular business hours. Except
as otherwise provided hereafter, such code is
adopted in full, including the outline of contents
and index contained herein.
(b) Amendments. The publication adopted in
subsection (a) is amended as follows. Section
numbers referred to herein refer to and corre-
spond with the section numbers of the Uniform
Mechanical Code.
Section 115 - Fees
115.1 General. Fees shall be assessed in
accordance with the provisions of this section
or shall be as set forth in the fee schedule
adopted by this jurisdiction.
Section 117.2, Temporary Connections, is amended
by adding the following provisions to the existing
section:
"In case ofillness or similar emergency or at
times when the chief building official's office is
closed, equipment may be connected by the
utility company and the chief building official
is to be notified at the beginning of his next
regular work day; provided, that this authority
is granted only to regulated public utilities and
that such regulated public utility shall notify
the customer that this connection is authorized
349
~ 5-78
WHEAT RIDGE CODE
for only a seventy-two-hour period and is sub-
ject to approval of the chief building official
within such period."
(Ord. No. 1996-1039, ~ 1, 7-29-96; Ord. No_ 1998-
lL40, ~ 1, 11-23-98)
Charter reference-Adoption by reference, S 5.16.
State law reference-Adoption by reference authorized,
C.RS. ~ 31-16-201 et seq.
Sec. 5-79. Plumbing code.
(a) Adopted. The Uniform Plumbing Code, 1997
Edition, by the International Association of Plumb-
ing and Mechanical Officials, 20001 Walnut Drive
South, Walnut, California, 91789-2825, is hereby
adopted by reference and incorporated into this
article as though fully set forth herein as the
Uniform Plumbing Code of the city. One copy of
said Uniform Plumbing Code shall be filed in the
office of the city clerk and may be inspected
during regular business hours. Except as other-
wise provided hereafter, such code is adopted in
full, including the outline of contents and index
contained herein.
(b) Amendments. The plumbing code adopted
by this section is hereby amended as follows
(section numhers referred to herein refer to and
correspond with the section numbers of the Uni-
form Plumbing Code);
Section 103.4, Permit FeeS. Delete the entire sec-
tion and replace with the following:
"Any person desiring a permit required by
this code shall, at the time of fIling an applica-
tion therefor, pay a fee to the city treasurer.
Permit fees shall be as established by Uniform
Bnilding Code section 107 in it entirety.
Delete Table_No. 1-1, Plumbing Permit Fees.
Section 103.9, Board of Appeals. This section
shall be added and will read as follows:
"In order to determine the suitability of
alternate materials and methods of installa-
tion, and provide reasonable interpretation of
the provisions of this code, the building code
advisory committee previously established by
chapter 2 of the Code of Laws of the city shall
have authority to hear and decide those mat-
Supp. No. 22
ters delegated to it, and all matters requiring
use of a board of appeals by this plumbing
code.1I
(c) Items of work for which a permit is re-
quired under this chapter which are commenced
before a permit is secured shall be assessed fees
for permits in triple the amounts prescribed in
the permit's fee schedule. This penalty shall be in
addition to the investigation fee referenced in
section 107.5.1 of the Uniform Building Code.
(Ord. No. 1996-1039, ~ 1, 7-29-96; Ord. No. 1998_
1140, ~ 1, 11-23-98)
Charter reference-Adoption by reference, ~ 5.16.
State law reference-Adoption by reference authorized,
C.RS. ~ 31-16-201 et seq.
Sec. 5-80. Uniform Code for the Abatement
of Dangerous Buildings.
(a) The Uniform Code for the Abatement of
Dangerous Buildings, 1997 Edition, copyright 1997,
by the International Conference of Building Offi-
cials, 5360 Workman Mill Road, Whittier, Califor-
nia, 90601-2298, is hereby adopted by reference
and incorporated into this article as though fully
set forth herein as the code of the City of Wheat
Ridge for the abatement of dangerous buildings.
One.copy of said Uniform Code for the Abatement
of Dangerous Buildings shall be filed in the office
of the city clerk and may be inspected during
regular business hours. Such code is hereby adopted
in full.
(b) Items of work for which a permit is re-
quired under this chapter which are commenced
before a permit is secured shall be assessed fees
for permits in triple the amounts prescribed in
the permit's fee schedule. This penalty shall be in
addition to the investigation fee referenced in
section 107.5.1 Of the Uniform Building Code.
(Ord. No. 1996-1039, S 1,7-29-96; Ord. No. 1998-
1140, ~ 1, 11-23-98)
Charter reference-Adoption by reference, S 5-16.
State law reference-Adoption by reference authorized,
C.RS. ~ 31-16-201 et seq.
Sec. 5-81. Uniform Housing Code.
(a) The Uniform Housing Code, 1997 Edition,
copyright 1997, by the International Conference
of Building Officials, 5360 Workman Mill Road,
Whittier, California, 90601-2298, is hereby adopted
350
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.
.
BUILDINGS AND BUILDING REGULATIONS
~ 5-100
by reference and incorporated into this article as
though fully set forth herein as the code of the
City of Wheat Ridge for the abatement of danger-
ous buildings. One copy of said Unifonn Code for
the Abatement of Dangerous Buildings shall be
filed in the office of the city clerk and may be
inspected during regular business hours. Such
code is hereby adopted in full.
(Ord. No. 1996-1039, ~ 1, 7-29-96; Ord. No. 1998-
1140, ~ 1, 11-23-98)
Sees. 5-82-5-100. Reserved.
Supp. No. 22
350.1
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.
BUILDINGS AND BUILDING REGULATIONS
~ 5-115
ARTICLE IV. CONTRACTORS*
DIVISION 1. GENERALLY
Sec. 5-101. Definition.
In this article "contractor" shall mean any
person who undertakes to perform any of the
operations controlled by this article for any com-
pensation whatsoever, excepting that a person
performing for wages under and for another per-
son appropriately licensed shall not be considered
as a contractor. An owner performing on his own
property shall be considered as a contractor if the
performance affects the structural sufficiency of a
habitable structure unless he is working under
and for another person appropriately licensed.
(Ord. No. 1996-1039, ~ 1,7-29-96)
Cross reference-Definitions and rules of construction
generally, ~ 1~2.
Sec. 5-102. Application of article.
Except as otherwise expressly provided, this
article shall not be construed to require the du-
plication or reissuance of any license within the
same calendar year, the duplication of any exam-
ination nor the duplication of any payment of any
license fee for a particular grade oflicense within
the same calendar year. All persons in the build-
ing and construction industries presently licensed
under former codes and ordinances shall be deemed
to be appropriately licensed hereunder. Any such
licensee under a former code or ordinance who
fails to reapply for a license at the conclusion of
the annual expiration date shall surrender his
license and the same shall be deemed to be null
and void.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
"'Cross reference-Licenses,-.pennits' add mIscellane-ous
business regulations, Ch. 11.
State law references-Home rule powers, Col. Canst.
Art. XX, ~ 6; general authority to license, C.R.S. S 31~15-501;
state regulation of electricians, C,R.S. S 12-23.100.2 et seq.;
state regulation of plumbers, C.R.S. S 12-58-101 et seq.; local
regulation of plumbers prohibited, C.RS. S 12-58.115.
Supp. No. 18
Sec. 5-103. Responsibility of licensees.
All licensees under this article shall be respon-
sible for work requiring a permit ~under the pro-
visions of this chapter without limitation to the
items as herein listed:
(1) To provide minimum safety measures and
equipment to protect workmen and the
public in general as prescribed by this
chapter.
(2) To observe any other city ordinance(s) or
state or federal statute prescribing mea-
sures for the safety of workmen and of the
public.
(3) To present his license card when re-
quested by the chief building official or his
authorized representative.
(4) To obtain a permit when the same is
required.
(5) To construct faithfully, without substan-
tial departure from or disregard of, draw-
ings and specifications, when such draw-
ings and specifications have been filed
and approved by the building inspection
division issued for same, unless such
changes are approved by the division.
(6) To complete all work authorized on the
permit issued under the authority of this
chapter unless good cause is proved.
(7) To obtain inspection services when the
same are required by this chapter.
(8) To pay any fee assessed under authority
ofthis chapter.
(9) To obey any order issued under authority
ofthis chapter.
(10) To provide honest and factual information
on all applications for permits.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sees. 5-104-5-114. Reserved.
DMSION 2. LICENSE
Sec. 5-115. Required.
Any contractor, with the exception of electrical
contractors and public utility companies listed as
351
~ 5-115
WHEAT RIDGE CITY CODE
exceptions in section 5-116, performing in a busi-
ness involving the construction, alteration, remod-
eling, repairing and equipping of buildings or
other structures or performing in the installation
of underground utilities and construction of roads
and streets in the city on all water, sewer and
storm drainage facilities shall be licensed as a
contractor as required in this article.
(Ord. No. 1996-1039, ~ 1, 7-29-90)
Sec. 5-116. Exception.
(a) Public utility companies will not be re-
quired to obtain licenses for the firm or corpora-
tion nor for their employees when engaged in the
installation, operation and maintenance -of equipc
ment which will be used for the production, gen-
eration or distribution of the utility, product or
service from the source of the utility, product or
service through the facilities owned or operated
by such utility company to the point of the cus-
tomer service. Only to the extent the work is
located outside the public way. Public utility com-
panies will be required to obtain a municipal
contractor's license to perform work on their fa-
cilities located within the public way.
(b) Inasmuch as electrical licensing and the
examination of persons performing electrical work
is a matter of statewide concern, no examination,
certification-or licensing of electrical contractors
or any examination, certification, licensing or
registration of master electricians, journeyman
electricians or residential wiremen, apprentices
or trainees who are license_d or certified under
C.R.S. tit. 12, art. 23 paragraph 12-23-10.2 et
seq., as amended, shall be required by the city.
However,_ any electrical contractor, excepted from
licensing requirements by this article, shall be
required, as a condition of performing services
within the city, to register annually with the
department of planning and development, build-
ing inspection division ofthe city. No fee shall be
charged for such registration.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Supp. No. 18
Sec. 5.117. Classification.
(a) The various classes of licenses issued un-
der this article and the work authorized to be
performed by the holder of the license are as
follows:
(1) Building contractor-Class I. A building
contractor, class I, shall be authorized to
do the following: unlimited building, al-
tering, adding to the structural portions
of any building, structure or portion thereof
of any type, including all concrete, struc-
tural steel and iron, and the demolition of
all or any part of a building or structure
on a site on which he will build new
construction, remodel, alter or repair an
existing building or structure.
(2) Same-Class II. A building contractor,
class II, shall be authorized to do the
following: work listed under the appropri-
ate number involving anyone of the fol-
lowing skills:
a. Lathing, plastering and drywall. In-
stallation of all lathing, plastering
and drywall.
b. Roof covering and waterproofing. In-
stallation of new roof and re-roof
coverings, including the installation
of valleys, flashings, waterproofing,
downspouts and gutters.
c. Masonry. Laying and forming ma-
sonry.
d. Sandblasting and cleaning. Sand-
blasting and cleaning ofthe exterior
of buildings or structures.
e. Excavation, concrete, foundations and
caissons. All types of excavating work,
installation of concrete except that
portion on city property, installation
of foundations and caissons.
f. Moving. Moving of any and all types
of buildings or structures. The re-
quirement for license applies to any
person so performing in the city on
public rights-of-way regardless of
points of beginning and destination
of the performance.
352
.
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. BUILDINGS AND BUILDING REGULATIONS ~ 5-117
g. Painting and decorating. Painting (6) Plumbing contractor-Class VI. A plumb-
and decorating of all buildings or ing contractor shall be authorized to do
. structures, both on the interior and the following: installation of all sanitary
exterior. plumbing and potable water supply pip-
h. Swimming pools. Installation of ing and appliances connected thereto, and
swimming pools, but shall not in- including gas piping and the complete
clude the installation of utilities. installation of water heaters, the installa-
,. Structural metals. The erection or tion of piping for transmission of chemi-
fabrication of metals only for all types cals and gases; the installation of gas
of buildings, structures or utilities ranges, domestic gas incinerators, gas dry-
excluding the complete construction ers and gas refrigerators.
for Type IV buildings. (7) Steam and hot water contractor-Class
j. Elevator installation and service. The VII. A steam and hot water contractor
erection, fabrication, mstallation and shall be authorized to do the following:
service of elevators, dumbwaiters, installation of steam and hot water heat-
escalators and similar conveyances. ing system, process and industrial piping
k. Carpentry. The subcontracting and and related appurtenances which shall
performing the work offraming, fin- include the piping used for the transmis-
ish carpentry or cabinet construction sion of chemicals and gases, the installa-
and installation. tion of burners, piping and controls utiliz-
(3) Same--Class III. A building contractor, ing gas, liquid and solid fuel, complete
. class III, shall be authorized to do the installation of water heaters, pipe insula-
following: perform the work involving any tion and low voltage wiring which does
or all of the following skills: not exceed forty-eight (48) volts and when
such wiring is not enclosed in a conduit or
a. Acoustical insulation. raceway.
b. Exterior sheet metal. (8) Heating and ventilating contractor-Class
c. Fences. VIII. A heating and ventilating contractor
d. Glass and glazing. shall be authorized to do the following:
e. Miscellaneous metal. installation of warm air heating, all
f. Patio, carport, light construction, re- ductwork, ventilation and evaporative cool-
model and repair. ing; the installation of gas piping, burn-
g. Pipe and dust installation. ers, venting and controls; and exterior
h. Scaffold erectors. sheet metal; duct isolation and low volt-
age wiring which does not exceed forty-
i. Siding. eight (48) volts and when such wiring is
j. Temperature insulation. not enclosed in a conduit or raceway.
k. Tile and marble. Install up to and including ten (10) tons of
(4) Same-Class Iv. A building contractor, refrigeration when such is utilized for
class IV, license shall be issued to an comfort cooling. Such systems shall be
. individual who desires to perform work completely self-contained. This shall not
involving construction of, or major struc- include systems with precharged lines or
. tural alterations to, a structure of Type separate air-cooled condenser or chilled
R-3 occupancy, owned and resided in by water systems.
that individual. (9) Gas service contractor-Class IX. A gas
(5) Wrecking contractor-Class V. A wrecking service contractor shall be authorized to
. contractor shall be authorized to do the do the following: installation of gas and
following: demolishing or wrecking any liquid fuel systems as follows:
building or structure or portion thereof. a. Gas and liquid fuel piping.
Supp. No. 18
353
~ 5-117
WHEAT RIDGE CITY CODE
b. Gas ranges.
c. Gas dryers.
d. Gas refrigerators.
e. Gas incinerators.
f. Conversion burners.
g. Venting.
h.. Water heaters (one hundred (100)
gallons or less storage capacity).
1. Low voltage wiring which does not
exceed forty-eight (48) volts and when
such wiring is not enclosed in a con-
duit or raceway.
(10) Refrigeration contractor-Class X. A re-
frigeration contractor shall be authorized
to do the following: installation of refrig-
eration systems and appurtenant cooling
towers; pipe insulation; and low voltage
wiring which does not exceed forty-eight
(48) volts and when such wiring is not
enclosed in conduit or raceway; excluding
window-type air conditioners.
(11) Sign contractor-Class Xl. A sign contrac-
tor shall be authorized to do the following:
fabricating, installing and erecting or main-
taining all types of signs. For the purpose
of this section, marquees shall not be
classified as a sign.
(12) Fire protection contractor-Class XlI. A
fire protection contractor shall be autho-
rized to do the following: installation of
the following:
a. Automatic fire sprinkler systems of
all types.
b. Carbon dioxide systems.
c. Standpipe systems and appurte-
nances.
(13) Lawn sprinkler contractor-Class XlII. A
lawn sprinkler contractor shall be autho-
rized to do the following: installation of
underground lawn sprinkler systems, ex-
clusive of tapping the existing water ser-
vice or main, which work shall be per-
formed by a licensed plumber.
(14) Elcctrical signal contractor-Class XIV.
An electrical signal contractor shall be
Supp. No. 18
authorized to do the following: installa-
tion of fire detection, fire alarm, burglar
alarm, pneumatic control and all signal-
ing or control systems where the electrical
voltage does not exceed forty-eight (48)
volts. Exception: Authorized and fran-
chised public utility companies.
(15) Municipal contractor-Class A. A license
to do work as a municipal contractor, class
A, shall be required for the installation of
the following in the public way:
a. Water mains.
b. Sewer mains.
c. Water and sewer service lines.
d. Storm drains.
e. Related structures.
(16) Same-Class B. A license to do work as a
municipal contractor, class B, shall be
required for street, alley and other road-
way-related construction in the public way,
inclusive of:
a. Excavation, grading, leveling of
subgrade.
b. Compaction, rolling, graveling,
asphalting, paving, curbing and
draining.
c. Construction of curb, gutter, side-
walks, medians and other concrete
structures or installations.
d. Construction of traffic signal instal-
lations.
(17) Same-Class C. A license to do work as a
municipal contractor, class C, shall be
issued for, and limited to, the installation
of water and sewer service lines including
excavation, pipe placement, backfilling and
other operations as necessary in the pub-
licway.
(18) Same-License limitations. The director
of public works shall review applications
for municipal contractors' licenses and
shall indicate those categories which the
applicant has shown he is qualified to
perform. Upon completion of review, the
354
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e
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.
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.
BUILDINGS AND BUILDING REGULATIONS
~ 5-121
director of public works shall then cause
to be issued a license limited as indicated.
(b) Holders of certain of the licenses may per-
form as if licensed for certain of the other func-
tions in accordance with the following schedule:
Licensed as May perform as
Class I Classes II, III, IV, V
Class III Classes IV, V
Class VI Classes VII, IX, XIII
Class VII Classes IX, X
Class XIII Class XIV
Class A Class C
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sec. 5-118. Application forms, fees and pro-
cedure.
Applications for contractors' licenses shall be
on such forms as .the director of public works or
director of community development may require,
and each application shall be accompanied by a
fee equal to the license fee applicable to the type
of license applied for. A final review and appropri-
ate action shall be taken on such license applica-
tions and the applicant shall be notified accord-
ingly. Nonissuance of licenses shall not entitle
applicant to a refund of the fee.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sec. 5-119. Building inspection division to
determine qualifications of appli-
cants for class I through class
XIV licenses.
(a) The department of public works [is] to
determine license qualifications for class A through
class C licenses.
(b) There is hereby vested in the building
inspection division and the department of public
works, pursuant to law, the duty of determining
the qualifications of applicants for the certain
licenses established by this chapter.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sec. 5.120. Examining procedures for issu-
ance.
The chief building official shall establish such
reasonable examining procedures for issuance of
Snpp. No. 20
class I through class XIV licenses as shall, from
time to time, become necessary. These examining
procedures, if used, shall be implemented so as to
assure the city that the applicant does indeed
have the knowledge and capability to perform
work in accordance with the provisions of this
Code and shall not deny a license to any person
capable and willing to perform in such fashion.
(Ord. No_ 1996-1039, ~ 1,7-29-96)
Sec. 5-121. Fees.
The annual license fees for contractors' licenses
under the provisions of this article shall be paid in
accordance with the following table:
(1) Building contractor, Class 1-$125.00
(2) Building contractor, Class II-75.00
(3) Building contractor, Class III-75.00
(4) Building contractor, Class IV-75.0P
(5) Wrecking contractor, Class V-75.00
(6) Plumbing contractor, Class VI-75.00
(7) Steam and hot water contractor, Class
VII-75.00
(8) Heating and ventilating contractor, Class
VIII-75.00
(9) Gas service contractor, Class IX-75.00
(10) Refrigeration contractor, Class X--75.00
(11) Sign contractor, Class XI-75.00
(12) Fire protection contractor, Class XII-
75.00
(13) Lawn sprinkler contractor, Class XIII-
75.00
(14) Electrical signal contractor, Class XIV-
75.00
(15) Municipal contractor, Class A-125.00
(16) Municipal contractor, Class B-125.00
(17) Municipal contractor, Class G-75,00
License fees are due with the license application
and are nonrefundable.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
355
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WHEAT RIDGE CITY CODE
Sec. 5-122. Nontransferable.
Licenses issued pursuant to this article are not
transferable.
(Ord. No. 1996-1039, ~ 1,7-29-96)
Sec. 5-123. Validity.
A change in name, business designation or
personnel of a licensee under the provisions of
this article shall have the legal effect of transfer-
ring the license and of causing the licensee to
operate without a license. Therefore, all such
changes shall be reported by the licensee to the
issuer within thirty (30) days after making such
change, in order to follow continued use and
validation of the license.
(1) Incorporation or change in incorporation
creating a new legal entity which requires
a license, even though one (1) or more
stockholders or directors have a license,
shall void the license.
(2) The organization of a partnership or the
change in a partnership creating a new
legal entity requires a new license, even
though one (1) or more ofthe partners are
licensed shall void the license.
(3) The dissolution of a corporation or part-
nership which has been licensed termi-
nates the license and no individual or
finn may operate under such license.
(4) In the case where it is desired to change
the name of a presently licensed finn,
partnership or corporation where there is
no change in ownership, a new license
shall be issued under the new name, with-
out charge, upon surrender of the license
originally issued.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Sec. 5-124. Suspension or revocation.
(a) Authority. The director of planning and
development may suspend or revoke class I through
class XIV licenses. The director of public works
may suspend or revoke class A through C licenses.
License suspension or revocation may occur when
the licensee commits one (1) or more of the
following acts or omissions:
(1) Failing to comply with any of the licensee
responsibilities as outlined in section 5-103.
Supp. No. 20
(2) Knowingly combining or conspiring with
a person by permitting one's license to be
used by such person, finn or corporation.
(3) Acting as agent, partner, associate or in
any other capacity with persons, firms or
corporations to evade the provisions of
section 5-103.
(4) Violating any of the provisions of section
5-103.
(5) Committing any act of negligence, incom-
petence, or misconduct in the perfor-
mance of the contractor's specific trade
which results in a substantial threat to
public health and safety.
(6) Perfonning under hislher license in an
unworkmanlike, careless, or reckless man-
ner.
(b) Procedure. When any of the acts or omis-
sions as herein enumerated are committed by a
license holder and the director of public works or
the director of community development, as appli-
cable, deems that such license shall be suspended
or revoked, the procedure shall be as follows:
(1) The licensee shall be notified, in writing,
by certified mail or by personal service, at
least seven (7) days prior to suspension or
revocatioh.
(2) Appeals of a license suspension or termi-
nation shall be made to the building code
advisory board. Appeals to a license revo-
cation must be made in writing within
seven (7) working days of receipt of notice
and must be made in accordance with
section 2-61 of the city Code of Laws.
(3) If a hearing is requested by the licensee,
the chief building official shall set the
hearing date for the next regularly sched-
uled meeting ofthe building code advisory
board within fourteen (14) days of receipt
of the protest and shall so notify the
licensee.
(4) When a hearing is conducted, the licensee
and other interested parties may be in
attendance. Upon completion of the hear-
ing, the building code advisory board shall
take all evidence admitted under advise-
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BUILDINGS AND BUILDING REGULATIONS
~ 5-125
ment and shall notify the licensee of their
findings and rulings either during the
meeting or in writing by certified mail.
(c) Emergency suspension. If the director of
public works or the director of planning and
development find that cause does exist for sus-
pension or revocation of a license, he may enter
an order for immediate suspension of such li-
cense, pending further investigation. The licensee
may, upon notice of such suspension, request an
immediate hearing before the mayor [director of
public works or the director of planning and
development, as applicable] and the hearing shall
be conducted in the manner prescribed by under
subsection (b) above.
(Ord. No. 1996-1039, ~ 1, 7-29-96; Ord. No. 1197-
1103, ~ 1, 12-22-97)
Sec. 5.125. Bond and insurance required.
(a) Bond. Before any license shall be issued
under the provisions ofthis article for any munic-
ipal contractor, class A, B or C, a good and
sufficient bond shall be posted with the city in the
principal amount of five thousand dollars
($5,000.00). Such bond shall provide protection to
the city against the contractor's use of inferior
materials and performance, including damages
incurring as a result of willful disregard of code
and city regulation requirements. Such bonds
shall be effective for a period of two (2) years after
completion of work performed under the license,
and shall be on a form prescribed or approved by
the city.
(b) Insurance. A certificate of insurance from
an insurance company licensed to do business in
the state shall be filed with the city prior to
issuance of any class A, class B or class C munic-
ipal contractor's license. The limits of such cover-
age shall include statutory workmen's compensa-
tion and public liability insurance in the amount
of four hundred thousand dollars ($400,000.00)
property damage, one hundred fifty thousand
dollars ($150,000.00) for each person, and four
hundred thousand dollars ($400,000.00) for each
accident. Any motor vehicle operated by or for the
contractor shall be covered by insurance in like
amount.
(Ord. No. 1996-1039, ~ 1, 7-29-96)
Supp. No. 20
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